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Court orders EFCC to unfreeze Dokpesi’s bank account, release seized documents

The Federal High Court sitting Abuja Tuesday made an order unfreezing the N2.1 billion bank account of the founder of Daar Communications Plc, Chief Raymond Dokpesi. The trial Judge, Justice John Tsoho ordered that the account domiciled at the First Bank be immediately unfreezed since the criminal charges which precipitated the restriction on the account had been dismissed and Dokpesi discharged and acquitted by the Court of Appeal. Delivering ruling in an application filed and argued by Kanu Agabi (SAN) on behalf of Dokpesi, Justice Tsoho said that the Federal Government has no basis to put a post no debit order on the account in view of the subsisting and valid order of the Court of Appeal.

The Court held that since the Court of Appeal delivered the judgment that invalidated the criminal charges against Dokpesi, the Economic and Financial Crimes Commission (EFCC) had not applied for stay of execution of the judgment. Justice Tsoho said that in the absence of a stay of execution, his court was bound by law to give effect and implementation to the judgment.

He thereafter ordered that the freeze order and post no debit on the account be immediately removed in compliance with the appellate court decision. On the claim of EFCC that it has gone on appeal to the Supreme Court, Justice Tsoho held that the notice of appeal filed at the apex court cannot in law stay the execution of the subsisting judgment. He added that the anti-graft agency ought to have obtained a stay of execution of the judgment.

He also ordered that all documents seized from Dokpesi or voluntarily surrendered to the Federal Government be immediately returned to him. Agabi had while arguing the application prayed the court to issue order to unfreeze Dokpesi’s bank account frozen on the strength of the charges against him.

He had submitted that the criminal charges in respect of N2.1 billion brought against Dokpesi by EFFCC had since been voided and quashed by the Court of Appeal Abuja division. Agabi further argued that the charge which led to freezing of the account was no longer in existence while Dokpesi was discharged and acquitted in all the charges. He also argued that the Court of Appeal judgment which set aside the charges against Dokpesi is still subsisting, valid and binding on both the court and EFCC.

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